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  1. #1
    Join Date
    Nov 2013
    Posts
    1

    Default Can a Creditor Impose a Lien on a Jointly Owned Vehicle

    My question involves vehicle registration or title in the state of: Arizona

    My question is, me and my girlfriend own a car that both of our names are on the title. We currently have a loan with the bank and it is almost payed off. We owe about $900 dollars left on the loan. She has bad credit and was just summoned a 1400 dollar credit card payment from a debt collector. She did not respond to the summons and was just sent a default judgement in her name only for the cost. Can the Law firm who is representing the credit card company put a lien for the amount she owes on our car that we jointly own. Also as I pay down the car note (the 900 left) what happens at the end and I don't pay the lein portion ? does it gain interest ? can they reposes my car and sell it ? what can they do. Also the alternative was to pay off the loan today and try to get the car out of her name as soon as possible. What do you think. Thanks

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Joint Ownership of Car on Title, Can Lein Be Put on by One Debtor

    Yes, it's theoretically possible that the judgment creditor can execute against the car, take possession, and sell it at auction to cover her judgment.

    As a practical matter, unless there is significant equity in the car, judgment creditors don't do that because the process is costly and time consuming. They would have to store the car, auction it off, deal with the lender, might or might not have to pay you your interest in it.

    I'm in AZ and I once contemplated doing that with a judgment I got against a tenant. I gave up on the idea when I found out how complicated it was.

    I haven't checked on the joint ownership issue but whether that makes any difference or not, it doesn't stop the car from being taken and then the details ironed out after you don't have it anymore.

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